Section 795.10  Program of Public Awareness

The Department of Human Services-Division of Rehabilitation Services (DHS-DRS) shall develop and implement an ongoing program of public awareness of special education programs and comprehensive rehabilitation services offered at the State Schools (Schools) and of advising the public of the rights of students.

a)         All such programs shall assure that information regarding the Schools' special education programs and the rights of students are made available to the parents or guardians in their native language and in a format that is accessible for their use.

b)         Programs developed by the School to create public awareness of special education programs and for advising the public of the rights of students shall include, but need not be limited to:

1)         Annual notification to all parents or guardians who have students at the School regarding the special education programs and services available in or through that School and of their rights to receive, upon request, a copy of this Part.

2)         The dissemination of information to the local school districts served by the School regarding the special education program and services that are available.

c)         Documentation, including examples as appropriate, of DHS-DRS' and each of the School's efforts to create public awareness of special education programs and efforts to inform parents or guardians of the rights of students shall be maintained in the School's files.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.20  Responsibility of Seeking Out and Identifying Students Needing Special Program

a)         Each School shall be responsible for actively seeking out and identifying students enrolled in the School, including those with additional disabilities, as listed in 89 Ill. Adm. Code 765.10(d), who may need special education programs and services beyond those included in the Individualized Education Plan (IEP) or provided by the basic special education program of the School. Procedures developed to fulfill this responsibility shall include, but not be limited to:

1)         Hearing and vision screening at regular intervals during the student's school career.

2)         Speech and language screening of each student upon initial enrollment in a School.

b)         Procedures may include coordination with local service agencies and existing parent or guardian groups.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.30  Eligibility Reviews to Determine Need for Modification of Educational Services

a)         When a student at the School exhibits problems, or secondary disabilities, that interfere with his or her educational progress or adjustment to the educational setting, or when there is reason to believe that a student may require additional special education services, beyond those provided by the basic special education program of the School, an Eligibility Review (ER) (see 89 Ill. Adm. Code 751.10) shall be conducted.

b)         In addition, the student, parents or guardians of a student enrolled in the School, other persons having primary care or custody of the student, the local school district, community service agencies, other professional persons having knowledge of the student's problems, DHS-DRS and the Illinois State Board of Education (ISBE) may request an ER.

c)         Each School shall develop, and make known to all concerned persons, procedures by which an ER shall occur.  These procedures shall:

1)         Designate the steps to be taken when requesting an ER.

2)         Designate the person to whom a referral shall be made.

3)         Indicate the information that shall be provided.

d)         Parental or guardian consent shall be obtained in a domain meeting, as defined in 89 Ill. Adm. Code 751.10, before:

1)         Conducting any eligibility or re-evaluation of the student.

2)         Changing the placement of a student, after completion of the ER, in a program providing special education and related services beyond those provided by the basic special education program of the School and contained in the student's IEP.

e)         Each ER shall be conducted so as to assure that it is linguistically, culturally, racially, and sexually nondiscriminatory and is adjusted to the student's ability.

f)         The School staff shall be responsible for determining the appropriateness of the request, deciding what further action should be taken, initiating the necessary procedures, and informing the person making the request within 30 days regarding its decision to conduct or not to conduct an ER.  The information provided to the requesting party shall contain, subject to the Illinois School Student Records Act [105 ILCS 10] and the rules of ISBE titled Student Records (23 Ill. Adm. Code 375), the reasons for the decision.

g)         If the School decides not to conduct the requested ER, the parents or guardians and referring source, if other than the parent or guardian, shall be notified in writing within 30 days of the following:

1)         The date of the referral and the reasons the ER was requested;

2)         the reasons the School has decided not to conduct an ER; and

3)         the right to appeal the decision within five days under the impartial due process hearing procedures (89 Ill. Adm. Code 828).

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.40  Notification of Modification or Change F7(Repealed)F2

(Source:  Repealed at 23 Ill. Reg. 10182, effective August 10, 1999)

Section 795.50  Criteria for Change

No single procedure shall be used as the sole criterion for initiating a change or changing the identification, evaluation or educational program of a student enrolled in a School.  An ER team through one or more reviews shall make the determination of a change. These reviews may be preceded by an individual case study conducted in accordance with Section 795.30 and its accompanying procedures.

a)         Participants in the reviews shall include appropriate representatives of the local school district; School personnel involved in the evaluation of the student; the parents or guardians; other persons having significant information, knowledge or special experience regarding the student; and those persons who may become responsible for providing the special education program or service to the student; the student, when appropriate, and other individuals at the discretion of the parent or guardian, the School, or the local school district.

b)         The purpose of the above reviews shall be to:

1)         Establish a composite understanding of the student's learning characteristics, sensory and motor skills, and behaviors.

2)         Determine need for modified special education programs and/or services.

3)         Determine the student's unique educational needs and the extent to which these needs can or cannot be met by the basic special education program of the School.

4)         Determine the nature and degree of other special education intervention that is needed, and recommend corresponding programming or placement that is least restrictive of interaction with students who have disabilities and students who do not have disabilities.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.60  Recommendations

Recommendations made at the ER shall be determined by consensus of the participating review participants; if an agreement cannot be reached, additional information shall be obtained.  In considering a student with a cognitive disability, a certified school psychologist must concur with the student's eligibility based on the results of a psychological evaluation.

a)         Recommendations for special education services, other than those provided in the basic special education program of the School, shall be based on the following:

1)         The student shall be placed in the educational program that is appropriate to the student's needs and least restrictive of the interaction with the other students enrolled in the School.

2)         The special education service must be based on the student's IEP.

3)         The School will provide opportunities for the student to be integrated into academic and nonacademic activities, e.g., athletics, joint use of facilities, and public school student attendance at a School, in the public school district to the greatest extent appropriate.  The integration activities shall be included on the student's IEP.

4)         Consideration must be given to any potentially harmful effect on the student or on the quality of services that he or she needs, or that impedes the education of other students.

b)         The proposed special education and related services shall be consistent with the findings of an ER evaluation and the established eligibility of the student.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.70  Written Report

A written report of the results and recommendations of the ER shall be prepared.

a)         The report shall be dated and shall list the names of all those in attendance.

b)         A copy of the report, together with all documentation upon which it is based, shall be kept on file by the School.  The local school district shall be informed of its rights of access to the report.  A copy of the ER report must be given to the parents or guardians at the conclusion of the review.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.75  Notification of Modification

Parents or guardians of a student and the local school district shall be notified in writing at least 10 calendar days prior to the School's initiation of a modification or change in the identification, evaluation, instructional program, or educational placement of the student, or the inability to provide a free appropriate public education to the student.  An initial contact shall be by telephone with written notice to follow.

a)         The notice shall be provided in the native language of the parent or guardian or other mode of communication used by the parent or guardian.

b)         If the native language or other mode of communication of the parent or guardian is not a written language, the School shall ensure:

1)         that the notice is translated orally or by other means to the parent or guardian in his or her native language or other mode of communication;

2)         that the parent or guardian understands the content of the notice; and

3)         that there is written evidence on file that the requirements of this Section have been met.

c)         The notice shall contain:

1)         a description of the action proposed or refused by the School, an explanation of why the School proposes or refuses to take the action, and a description of any options that the School considered and the reasons why those options were rejected;

2)         a description of each evaluation procedure, test, record or report that the School uses as a basis for the proposal or refusal;

3)         the parents' or guardians' right to object to the proposed modifications and the specific procedures for making an objection, including the procedures for requesting an impartial due process hearing;

4)         a full explanation of all of the procedural safeguards available to the parents or guardians;

5)         a description of any other factors that are relevant to the School's proposal or refusal.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.80  Additional Meetings F7(Repealed)F2

(Source:  Repealed at 23 Ill. Reg. 10182, effective August 10, 1999)

Section 795.90  Parental or Guardian Notification

a)         At least 10 calendar days prior to the initiation of or the actual modification of the special education services of the student, the parents or guardians shall be notified, in writing, of the following:

1)         The results of the ER.

2)         The nature of the special education program or services needed by the student.

3)         The recommendations for modifying the special education services and the plan for implementing those recommendations.

4)         Their right to object to the proposed modifications and the specific procedures for making an objection, including the procedures for requesting an impartial due process hearing as found in 89 Ill. Adm. Code 828.

b)         Record of the notice shall be entered in the student's temporary student record.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.100  Parental or Guardian Consent to Proposed Modifications

a)         If the parents or guardians consent to the proposed modifications, they may waive the 10 calendar day interval, and the student shall be placed in the recommended program as soon as practicable.

b)         Pursuant to Section 795.90(a)(4), if the parents or guardians object to the proposed modifications, they shall contact the School indicating their objection within 10 calendar days after notification of proposed modifications. The School shall then, within 10 calendar days after receipt of the parent's or guardian's objection, arrange a review with the parents or guardians in an attempt to resolve the disagreement. If the parents or guardians continue to object to the proposed modification, they may appeal by requesting an impartial due process hearing. Such a request shall be made in writing to the superintendent of the School. Rules for due process hearings are set forth in 89 Ill. Adm. Code 828 and 23 Ill. Adm. Code 226.600 through 226.695.

c)         Receipt of a request for an impartial due process hearing shall cause the School to postpone its proposed modifications of the special educational services until the matter is resolved.

d)         The student shall remain in his or her current educational program, unless:

1)         an agreement is reached between the parents or guardians and the School; or

2)         89 Ill. Adm. Code 827.80 applies.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.110  Parental Objections (Repealed)

(Source:  Repealed at 14 Ill. Reg. 16005, effective September 17, 1990)

Section 795.120  Modifications or Changes

Modification or changes shall be made as soon as possible after the determination and agreement to the need for the modifications, but in no case later than the beginning of the next school semester.

a)         When modification of the special education services is not possible prior to the next school semester, the School shall be responsible for providing interim services as appropriate to the student's needs as possible unless rules titled Suspensions, Changes in Placement, and Discharges of Students Who are Dangerous to Themselves or Others (89 Ill. Adm. Code 827.80) or Interim Services (89 Ill. Adm. Code 827.70) apply.

b)         The School shall provide written notification to the parents or guardians of the student and the local school district regarding the nature of the services the student will receive in the interim.  Written verification of the provision of these services shall be kept in the student's temporary record.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.130  Review of Educational Status and Continued Special Education Placements

In addition to initial placement conferences and/or IEP meetings, the educational status and continued special education placement of each student shall be reviewed at least annually in a conference attended by those professional persons working with the student, the parents or guardians, the student when appropriate, the special education administrator or designee who is qualified to supervise the provision of special education, the referring local school district, and other individuals having significant information, knowledge or special experience, at the discretion of the parent or guardian, the School or local school district.

a)         Utilizing appropriate evaluation information, including teacher and parent or guardian opinions, the annual review shall determine the extent to which the student has met the objectives and goals as specified in the student's IEP and recommend further evaluation or revise the student's IEP.

b)         When further evaluation is indicated, pursuant to the annual review, a review of the student's status as requested by the teachers, parents or guardians, other knowledgeable persons, or as a result of an impartial due process hearing, the evaluation shall be completed within 60 school days after the request.

c)         A reevaluation of the student shall be conducted every three years, or more frequently if conditions warrant, or if the student's parent or guardian or teacher requests an evaluation.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.140  Written Notification of Continuation to Parents or Guardians

Written notification regarding the continuation of the student's special education placement shall be provided to the parents of the student and the local school district as soon as possible but no later than 30 calendar days prior to the beginning of each school year.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.150  Written Notification to School Superintendent

Written notification to the School superintendent regarding the anticipated continuation or withdrawal of a student from a School shall be provided by the parents or guardians and the local school district as soon as possible, but no later than 30 calendar days prior to the beginning of the next school year.

(Source:  Amended at 37 Ill. Reg. 8748, effective June 11, 2013)

Section 795.160  Termination of Placement (Repealed)

(Source:  Repealed at 12 Ill. Reg. 14012, effective August 19, 1988)